458.260 - Intoxication not public offense; exceptions. - Nevada Statutes

458.260  Intoxication not public offense; exceptions.

      1.  Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:

      (a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.

      (b) Elements of an offense giving rise to a criminal penalty or civil sanction.

      2.  The provisions of subsection 1 do not apply to:

      (a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

      (b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

      (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

      (d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

      3.  This section does not make intoxication an excuse or defense for any criminal act.

      (Added to NRS by 1973, 1060; A 1975, 1145; 1983, 1088; 1997, 333; 1999, 3406; 2005, 169)